After being caught driving while drunk, you would want to argue your innocence. But you might not be in a legal position to do it while behind the wheel. Because of this, you might wonder if you should hire a Lento Law Firm defense attorney or just accept whatever the consequences are.
Even if an officer caught you driving while drunk, you still have some legal defenses to your charges. A skilled lawyer can expose police mistakes or leverage prosecutorial miscues. Other defenses your attorney can assert for you include the following:
The Traffic Stop Was Not Constitutional
A traffic stop is only legal if the police have reasonable suspicion to take such action. Thus, if the authorities stopped you due to your gender, race, or other factors that do not have to do with the suspected traffic offense, this can give a defense to your DUI case. Your attorney will argue the constitutionality of the traffic stop.
You Were Arrested Unconstitutionally
Under the Fourth Amendment, the police must have probable cause to arrest you. If they arrested you without this requirement, then you can use this as a defense.
The Results of the Tests are Not Dependable
There are many reasons results of blood, breath, and urine tests can be undependable. This can happen when the intoxilyzer used wasn’t calibrated or when potential contamination wasn’t prevented. Your attorney can examine different possibilities to ensure your test results do not end up in court.
You Made an Inadmissible Statement to the Police
During your arrest, the police should read your Miranda rights. This must be done before the police can interrogate you. If you have been interrogated without being read your rights, your statements cannot be admissible in court. So, even if you confessed during the interrogation, the prosecutors cannot use this against you.
The Case of the Prosecutors Lacks Strength
In New Jersey DUI cases, the prosecutors must prove you are guilty of DUI beyond a reasonable doubt. If their case lacks strength, then it does not matter where you were behind the wheel while drunk. Your attorney can examine the case of the prosecution and use its shortcomings to your benefit. And even if the prosecution possesses evidence that can convict you, an attorney can help mitigate the consequences of the conviction. DUI sentences can vary and your attorney can use their experience to make sure you have a lighter sentence.